AKHAJ Vs. ARJUN KOERI

JUDGEMENT

(1.) This is an appeal by the defendants under the Letters Patent from the judgment of Shearer, J. in a second appeal arising out of a suit for a declaration that a deed of gift executed by defendant No. 1 holding a Hindu woman's estate as a daughter is not binding on the plaintiff's as reversionary heirs of the last male owner.

(2.) One Ramprasad Koeri, who was governed by the Mitakshara school of the Hindu law, died possessed of certain property; including the suit land in or about the year 1920, leaving behind his widow, Musammat Kubri, and a daughter, Musammat Akhji (defendant No. 1).

(3.) Akhji was married to one Baldeo Koeri, who died in Ramprasad's lifetime, and on his death she took another husband Aliar Koeri, who left his native village and came to live with Ramprasad as his 'ghardamad.' On the death of Ramprasad, his widow came in possession of his property, but ?he died about a year after.